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Section 26 [Updating Official Plan re Provincial Matters]

Bill 139 did not amend section 26.

 


 

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  • 26(1) UPDATING OFFICIAL PLAN

    26(1) If an official plan is in effect in a municipality, the council of the municipality that adopted the official plan shall, in accordance with subsection (1.1), revise the official plan as required to ensure that it,

    (a) conforms with provincial plans or does not conflict with them, as the case may be;

    (b) has regard to the matters of provincial interest listed in section 2; and

    (c) is consistent with policy statements issued under subsection 3 (1).  2015, c. 26, s. 24 (1).

  • 26(1.1) SAME

    26(1.1) The council shall revise the plan no less frequently than,

    (a) 10 years after it comes into effect as a new official plan; and

    (b) every five years thereafter, unless the plan has been replaced by another new official plan.  2015, c. 26, s. 24 (1)

  • 26(1.2) SAME

    26(1.2) For the purposes of establishing the 10-year and five-year periods mentioned in subsection (1.1), a plan is considered to have come into effect even if there are outstanding appeals relating to those parts of the plan that propose to specifically designate land uses.  2015, c. 26, s. 24 (1).

  • 26(2) MUNICIPAL DISCRETION TO COMBINE

    26(2) For greater certainty,

    (a) the council has discretion to combine a provincial plan conformity exercise with a revision under subsection (1); and

    (b) if the council exercises the discretion described in clause (a), it must comply with clauses (1) (a), (b) and (c) and with all the procedural requirements of this section, in connection both with the revision and with the provincial plan conformity exercise.  2015, c. 26, s. 24 (2).

  • 26(2.1) PROVINCIAL PLAN CONFORMITY EXERCISE

    26(2.1) For the purposes of subsection (2), a provincial plan conformity exercise is the process whereby the council amends the official plan, in accordance with another Act, to conform with a provincial plan.  2015, c. 26, s. 24 (2).

  • 26(3) CONSULTATION AND SPECIAL MEETING

    26(3) Before revising the official plan under subsection (1), the council shall,

    (a) consult with the approval authority and with the prescribed public bodies with respect to the revisions that may be required; and

    (b) hold a special meeting of council, open to the public, to discuss the revisions that may be required.  2006, c. 23, s. 13.

  • 26(4) NOTICE

    26(4) Notice of every special meeting to be held under clause (3) (b) shall be published at least once a week in each of two separate weeks, and the last publication shall take place at least 30 days before the date of the meeting.  2006, c. 23, s. 13.

  • 26(5) PUBLIC PARTICIPATION

    26(5) The council shall have regard to any written submissions about what revisions may be required and shall give any person who attends the special meeting an opportunity to be heard on that subject.  2006, c. 23, s. 13.

  • 26(6) NO EXEMPTION FROM APPROVAL [Ministerial]

    26(6) An order under subsection 17 (9) does not apply to an amendment made under subsection (1).  2006, c. 23, s. 13

  • 26(7) DECLARATION

    26(7) Each time it revises the official plan under subsection (1), the council shall, by resolution, declare to the approval authority that the official plan meets the requirements of clauses (1) (a), (b) and (c).  2006, c. 23, s. 13.

  • 26(8) DIRECTION BY APPROVAL AUTHORITY

    26(8) Despite subsection (1), the approval authority may, at any time, direct the council of a municipality to undertake a revision of all or part of any official plan in effect in the municipality and when so directed the council shall cause the revision to be undertaken without undue delay.  2006, c. 23, s. 13; 2015, c. 26, s. 24 (3).

  • 26(9) UPDATING ZONING BY-LAWS

    26(9) No later than three years after a revision under subsection (1) or (8) comes into effect, the council of the municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the official plan.  2006, c. 23, s. 13.

  • 26(10) MINISTER MAY REQUEST AMENDMENT TO ZONING BY-LAW

    26(10) The Minister may, if he or she is of the opinion that a zoning by-law in effect in the municipality does not conform with the official plan as revised under subsection (1) or (8), request the council of the municipality to pass an amendment to the zoning by-law to achieve conformity.  2006, c. 23, s. 13.

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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